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KLAIN v. PENNSYLVANIA STATE UNIVERSITY

Civ. A. No. 76-717.

434 F.Supp. 571 (1977)

Ambrose KLAIN, Plaintiff, v. The PENNSYLVANIA STATE UNIVERSITY et al., Defendants.

United States District Court, M. D. Pennsylvania.

July 18, 1977.

Attorney(s) appearing for the Case

John D. Killian, Robert W. Barton, Killian & Gephart, Harrisburg, Pa., for Abrose Klain.

Delbert J. McQuaide, McQuaide, Blasko & Brown, Inc., State College, Pa., for Pennsylvania State University, et al.

MEMORANDUM AND ORDER

HERMAN, District Judge.

Plaintiff has instituted the above-captioned matter pursuant to § 1983, 42 U.S.C. and 28 U.S.C. § 1331 seeking to challenge the constitutionality of the mandatory retirement policy imposed on all faculty and staff of The Pennsylvania State University at age 65.1 In our memorandum and order of November 15, 1976 we dismissed plaintiff's procedural due process claim in light...

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